;:iilllii! Environmental Protection Department Jil.ftilil OUR REF: ( ) to EP2… · 2017. 9....

;1\;:iilllii! Environmental Protection Department Jil.ftililllHi:S~ OUR REF: ( ) to EP2/N6/Q/176 Branch Office*~Ill~~! l!fiili!i!H YOUR REF: 28th Floor, Southern Centre, ff/EO!illl!lE lli -s=:-tlii! TEL. NO.: 28351107 130 Hennessy Road, i~i~'PIG'tlJ\!1IIJY:{l!IJ1l: FAX NO : 2591 0558 Wan Chai, Hong Kong.!IE'l'!!lli'f E-MAtL: [email protected] ~ Jll: HOMEPAGE: http://www.epd.gov.hk

25 August 2017

World Wide Fund for Nature Hong Kong

Environmental Impact Assessment (EIA) Ordinance, Cap.499 Application for EIA Study Brief

Project Title: Mai Po Nature Reserve Infrastructure Upgrade Project (Application No. ESB-30112017)

I refer to your above application received on 13 July 2017 for an EIA Study Brief under Section 5(1)(a) of the EIA Ordinance.

In accordance with Section 5(7)(a) of the EIA Ordinance and after public inspection of the projectprofile, I issue the attached EIA Study Brief (No. ESB-30112017) for your preparation of an EIA report.

Under Section 15 of the EIA Ordinance, the EIA Study Brief will be placed on the EIA Ordinance Register. It will also be placed on the EIA Ordinance website (http://www.epd.gov.hk/eia!).

You may submit an application for approval of the EIA report in accordance with Section 6(2) of the EIA Ordinance after its completion. Upon receipt of your application, this department will decide under Section 6(3) of the EIA Ordinance whether the EIA report meets the requirements of the EIA Study Brief and Technical Memorandum on EIA Process, and accordingly advise you under Section 6(4) of the EIA Ordinance whether a submission to the Advisory Council on the Environment (ACE) or its subcommittee is required. In this connection, you are required to provide sl,lfficient copies of the Executive Summary of the EIA report to the Secretariat of the EIA Subcommittee of ACE for selection for submission when you submit the EIA report to this department for approval. Please liaise with Ms. Dora CHU (Tel: 2594 6324) of the ACE Secretariat regarding the details in due course.

http://www.epd.gov.hk/eia

http://www.epd.gov.hk

If the EIA report is selected by ACE for submission and presentation, you are expected to provide ACE with an account of the environmental issues arising from the project, major conclusions and recommendations of the EIA study. In particular, the main environmental concerns of the general public and interest groups who may be affected by the Project should be identified and addressed in the EIA study. As such, you are strongly advised to engage the public and interest groups during the course of the EIA study. Please find attached a copy of the "Modus Operandi of the EIA Subcommittee of the Advisory Council on the Environment" for your reference.

Please note that if you are aggrieved by any of the content of this EIA Study Brief, you may appeal under Section 17 of the EIA Ordinance within 30 days of receipt of this EIA Study Brief.

Should you have any que1ies on the above application, please contact my colleague Mr. Stanley LAU at 2835 1113.

Yours sincerely,

(Johnson M. K. WONG) Acting Principal Environmental Protection Officer

for Djrector of Enviromnental Protection

2

EIA Study Brief No. ESB-301/2017 Mai Po Nature Reserve Infrastructure Upgrade Project August 2017

Environmental Impact Assessment Ordinance (Cap. 499), Section 5 (7)

Environmental Impact Assessment Study Brief No. ESB-301/2017

Project Title: Mai Po Nature Reserve Infrastructure Upgrade Project (hereinafter known as the “Project”)

Name of Applicant: World Wide Fund for Nature Hong Kong (hereinafter known as the “Applicant”)

1. BACKGROUND

1.1 An application (No. ESB-301/2017) for an Environmental Impact Assessment (EIA) study brief under section 5(1)(a) of the Environmental Impact Assessment Ordinance (EIAO) was submitted by the captioned Applicant on 13 July 2017 with a project profile (No. PP-554/2017) (the Project Profile).

1.2 The Applicant proposes to construct and operate the upgraded key infrastructure within the Mai Po Nature Reserve in Mai Po, Yuen Long. The Project site falls within an area zoned “Site of Special Scientific Interest” on the Mai Po & Fairview Park Outline Zoning Plan. The location of the Project as shown in the figure attached in the Project Profile is reproduced in Appendix A of this EIA study brief. The Project mainly comprises the following components and associated works such as upgrading works of existing tracks / bunds for site access:

(i) Refurbishment of the Mai Po Education Centre;

(ii) Widening of the existing footpath;

(iii) Construction of new Tower Hide “TH2”;

(iv) Expansion of existing Tower Hide “TH1”

(v) Construction of new Tower Hide “TH1E”; and

(vi) Construction of new “Circular Route” footpath.

1.3 The Project is a designated project by virtue of Item Q.1 of Schedule 2, Part I of the EIAO, which specifies “All projects including new access roads, railways, sewers, sewage treatment facilities, earthworks, dredging works and other building works partly or wholly in an existing or gazetted proposed country park or special area, a conservation area, an existing or gazetted proposed marine park or marine reserve, a site of cultural heritage, and a site of special scientific interest”.

1.4 Pursuant to section 5(7)(a) of the EIAO, the Director of Environmental Protection (the Director) issues this EIA study brief to the Applicant to carry out an EIA study.

1.5 The purpose of this EIA study is to provide information on the nature and extent of environmental impacts arising from the construction and operation of the Project and associated works that will take place concurrently. This information will contribute to decisions by the Director on:

(i) the overall acceptability of any adverse environmental consequences that are likely to arise as a result of the Project;

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(ii) the conditions and requirements for the detailed design, construction and operation of the Project to mitigate against adverse environmental consequences wherever practicable; and

(iii) the acceptability of residual impacts after the proposed mitigation measures are implemented.

2. OBJECTIVES OF THE EIA STUDY

2.1 The objectives of the EIA study are as follows:

(i) to describe the Project and associated works together with the requirements and environmental benefits for carrying out the proposed project;

(ii) to identify and describe the elements of the community and environment likely to be affected by the Project and/or likely to cause adverse impacts to the Project, including both the natural and man-made environment and the associated environmental constraints;

(iii) to identify and quantify emission sources and determine the significance of impacts on sensitive receivers and potential affected uses;

(iv) to identify and quantify any potential losses or damage to flora, fauna and natural habitats;

(v) to propose the provision of infrastructure or mitigation measures so as to minimize pollution, environmental disturbance and nuisance during construction and operation of the Project;

(vi) to investigate the feasibility, effectiveness and implications of the proposed mitigation measures;

(vii) to identify, predict and evaluate the residual (i.e. after practicable mitigation) environmental impacts and the cumulative effects expected to arise during the construction and operation phases of the project in relation to the sensitive receivers and potential affected uses;

(viii) to identify, assesses and specify methods, measures and standards, to be included in the detailed design, construction and operation of the Project which are necessary to mitigate these residual environmental impacts and cumulative effects and reduce them to acceptable levels;

(ix) to design and specify the environmental monitoring and audit requirements; and

(x) to identify any additional studies necessary to implement the mitigation measures or monitoring and proposals recommended in the EIA report.

3. DETAILED REQUIREMENTS OF THE EIA STUDY

3.1 The Purpose

3.1.1 The purpose of this study brief is to set out the purposes and objectives of the EIA study, the scope of environmental issues which shall be addressed, the requirements that the EIA study shall need to fulfil, and the necessary procedural and reporting requirements. The Applicant shall demonstrate in the EIA report whether the criteria in the relevant sections of the Technical Memorandum on the Environmental Impact Assessment Process of the Environmental Impact Assessment Ordinance (hereinafter

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referred to as “the TM”), are fully complied with.

3.2 The Scope

3.2.1 The scope of this EIA study shall cover the Project and associated works mentioned in section 1.2 of this EIA study brief. For the purpose of assessing whether the environmental impacts shall comply with the criteria of the TM, the EIA study shall address the key issues described below, together with any other key issues identified during the course of the EIA study:

(i) environmental benefits and dis-benefits of different development options, siting, alignment, design and construction methods of the Project with a view to deriving the preferred development option(s) that will avoid or minimise adverse environmental impact;

(ii) potential air quality impact on air sensitive receivers (ASRs) due to the construction of the Project and associated works;

(iii) potential noise impact on noise sensitive receivers (NSRs) due to the construction of the Project and associated works;

(iv) potential water quality impact due to the construction and operation of the Project and associated works, including but not limited to construction site drainage, discharge of stormwater, surface runoff and treated effluent generated from the facilities taking into account the cumulative impact from the existing, committed and planned projects in the vicinity of the Project;

(v) potential waste management implications arising from the construction and operation of the Project and associated works;

(vi) potential ecological impact due to the Project and associated works;

(vii) potential fisheries impact due to the Project and associated works;

(viii) potential landscape and visual impacts due to the construction and operation of the Project and associated works; and

(ix) potential cumulative environmental impacts of the Project, through interaction or in combination with other existing, committed and planned projects including but not limited to the demolition and re-construction of the Peter Scott Field Studies Centre (PSFSC) near Mai Po Nature Reserve, that may have a bearing on the environmental acceptability of the Project. The assessment area shall include any areas likely to be impacted by the demolition and re-construction of the PSFSC, the Project and associated works.

3.3 Description of the Project

3.3.1 Purpose(s) and Objectives of the Project

3.3.1.1 The Applicant shall provide information on the purpose(s) and objectives of the Project, and describe the environmental benefits of the Project and scenarios with and without the Project.

3.3.2 Details of the Project

3.3.2.1 The Applicant shall indicate the nature and status of project decision(s) for which the EIA study is undertaken. The Applicant shall describe the proposed land uses, siting, alignment, size, design, construction methods, sequence of construction works, access

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arrangements and other major activities involved in the Project, using diagrams, plans and/or maps as necessary. The estimated duration of the construction phase and operational phase of the Project together with the programme within these phases shall be given. The land taken by the Project site(s), construction sites and any associated access arrangements, auxiliary facilities and landscaping areas shall be shown on a scaled map. The uses of the Project shall be described and the different land use areas shall be demarcated as appropriate.

3.3.3 Background and History of the Project

3.3.3.1 The Applicant shall provide information on the site location and site history of the Project, interactions with other projects, and the consideration of different development options, taking into account the principles of avoidance, minimizing and control of adverse environmental impacts. The options might include siting, alignment, size, design, construction methods, sequence of construction works and access arrangements for the Project. The key reasons for selecting the preferred development option(s) and the part environmental factors played in the selection shall be described. The main environmental impacts of different development options shall be compared with those of the Project and with the likely future environmental conditions in the absence of the Project.

3.4 Technical Requirements

3.4.1 The Applicant shall conduct the EIA study to address all environmental aspects of the activities as described in the scope as set out above. The assessment shall be based on the best and latest information available during the course of the EIA study.

3.4.2 The Applicant shall include in the EIA report details of the construction programme and methodologies. The Applicant shall clearly state in the EIA report the time frame and work programmes of the Project and associated works and other concurrent projects, and assess the cumulative environmental impacts from the Project and associated works with all interacting projects, including staged implementation of the Project and associated works.

3.4.3 The EIA study shall follow the technical requirements specified below and in the Appendices of this EIA study brief.

3.4.4 Air Quality Impact

3.4.4.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing air quality impact as stated in section 1 of Annex 4 and Annex 12 of the TM respectively.

3.4.4.2 The assessment area for the air quality impact assessment shall be defined by a distance of 500 metres from the boundary of the Project Area and the works of the Project as identified in the EIA, which shall be extended to include major existing, committed and planned air pollutant emission sources identified to have a bearing on the environmental acceptability of the Project. The assessment shall include the existing, committed and planned sensitive receivers within the assessment area as well as areas where the air quality may be potentially affected by the Project. Identification and description of existing, committed and planned sensitive receivers that would likely be affected by the Project, including those earmarked on the relevant Outline Zoning Plans, Development Permission Area Plans, Outline Development Plans, Layout Plans and other relevant published land use plans, including plans and drawings published by Lands Department and any land use and

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development applications approved by the Town Planning Board. The Applicant shall select the assessment points of the identified sensitive receivers that represent the worst impact point of these sensitive receivers. A map clearly showing the location and description such as name of buildings, their uses and height of the selected assessment points shall be given. The separation distances of these sensitive receivers from the nearest emission sources of the project shall also be given. The assessment shall be based on the best available information at the time of the assessment. The assessment shall also take into account the impacts of emission sources from nearby concurrent projects, if any.

3.4.4.3 The Applicant shall describe the background air quality level in the assessment area in the EIA report.

3.4.4.4 The Applicant shall follow the requirements stipulated under the Air Pollution Control (Construction Dust) Regulation to ensure that construction dust impacts are controlled within the relevant standards as stipulated in Section 1 of Annex 4 of the TM.

3.4.5 Noise Impact

3.4.5.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing noise impact as stated in Annexes 5 and 13 of the TM respectively.

3.4.5.2 Assessment shall include the construction noise impact assessment of the existing, committed and planned NSRs earmarked on the relevant Outline Zoning Plans, Development Permission Area Plans, Outline Development Plans, Layout Plans and other relevant published land use plans, including plans and drawings published by the Lands Department and any land use and development applications approved by the Town Planning Board, in the vicinity of the Project.

3.4.5.3 The noise impact assessment for the construction of the Project shall follow the detailed technical requirements given in Appendix B of this EIA study brief.

3.4.6 Water Quality Impact

3.4.6.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing water pollution as stated in Annexes 6 and 14 of the TM respectively.

3.4.6.2 The assessment area for the water quality impact assessment shall include areas within 500 metres from the boundary of the Project and shall cover the Deep Bay Water Control Zone as designated under the Water Pollution Control Ordinance (Cap. 358) and the water sensitive receivers in the vicinity of the Project such as water courses and ponds. The assessment area shall be extended to include other areas such as stream courses, existing and new drainage systems and other water system(s) in the vicinity, if they are found also being affected by the Project during the EIA study and have a bearing on the environmental acceptability of the Project.

3.4.6.3 The water quality impact assessment of the Project shall follow the detailed technical requirements given in Appendix C of this EIA study brief.

3.4.7 Waste Management Implications

3.4.7.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing waste management implications as stated in Annexes 7 and 15 of the TM respectively.

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3.4.7.2 The assessment of the waste management implications arising from the construction and operation of the Project shall follow the detailed technical requirements given in Appendix D of this EIA study brief.

3.4.8 Ecological Impact

3.4.8.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing ecological impact as stated in Annexes 8 and 16 of the TM respectively.

3.4.8.2 The assessment area for the purpose of the terrestrial ecological impact assessment shall include areas within 500 metres distance from the boundary of the Project and associated works as well as any other areas likely to be impacted by the Project. For aquatic ecological impact assessment, the assessment area shall be the same as the assessment area for Water Quality Impact Assessment described in Section 3.4.6.2 of this EIA Study Brief.

3.4.8.3 The ecological impact assessment of the Project shall follow the detailed technical requirements given in Appendix E of this EIA study brief.

3.4.9 Fisheries Impact

3.4.9.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing fisheries impact as stated in Annexes 9 and 17 of the TM respectively.

3.4.9.2 The assessment area for fisheries impact shall include areas within 500 metres from the site boundary of the Project and associated works as well as any other areas likely to be impacted by the Project.

3.4.9.3 The fisheries impact assessment of the Project shall follow the detailed technical requirements given in Appendix F of this EIA study brief.

3.4.10 Landscape and Visual Impact

3.4.10.1The Applicant shall follow the criteria and guidelines for evaluating and assessing landscape and visual impacts as stated in Annexes 10 and 18 of the TM respectively, and the EIAO Guidance Note No. 8/2010 “Preparation of Landscape and Visual Impact Assessment under the EIAO” and the report of “Landscape Value Mapping in HK”.

3.4.10.2The assessment area for the landscape impact assessment shall include landscape character areas and landscape resources within 500 metres from the boundary of the Project Area and the works of the Project as identified in the EIA, while the assessment area for the visual impact assessment shall be defined by the visual envelope of the Project. The extent of the defined visual envelope shall be shown on a plan and documented in the EIA report.

3.4.10.3The landscape and visual impact assessment of the Project shall follow the detailed technical requirements given in Appendix G of this EIA study brief.

3.5 Environmental Monitoring and Audit (EM&A) Requirements

3.5.1 The Applicant shall identify and justify in the EIA study whether there is any need for EM&A activities during the construction and operation phases of the Project and, if affirmative, to define the scope of the EM&A requirements for the Project in the EIA

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study.

3.5.2 Subject to the confirmation of the EIA study findings, the Applicant shall comply with the requirements as stipulated in Annex 21 of the TM.

3.5.3 The Applicant shall prepare a project implementation schedule (in the form of a checklist as shown in Appendix H) containing all the EIA study recommendations and mitigation measures with reference to the implementation programme.

3.6 Presentation of Summary Information

3.6.1 Summary of Environmental Outcomes

The EIA report shall contain a summary of key environmental outcomes arising from the EIA study, including estimated population protected from various environmental impacts, environmentally sensitive areas protected, environmentally friendly options considered and incorporated in the preferred option, environmental designs recommended, key environmental problems avoided, compensation areas included and the environmental benefits of environmental protection measures recommended.

3.6.2 Summary of Environmental Impacts

To facilitate effective retrieval of pertinent key information, the EIA report shall contain a summary table of environmental impacts showing the assessment points, results of impact predictions, relevant standards or criteria, extents of exceedances predicted, impact avoidance measures considered, mitigation measures proposed and residual impacts (after mitigation). This summary shall cover each individual impact and shall also form an essential part of the executive summary of the EIA report.

3.6.3 Documentation of Key Assessment Assumptions, Limitation of Assessment Methodologies and related Prior Agreement(s) with the Director

The EIA report shall contain a summary including the assessment methodologies and key assessment assumptions adopted in the EIA study, the limitations of these assessment(s) methodologies/assumptions, if any, plus relevant prior agreement(s) with the Director or other Authorities on individual environmental media assessment components. The proposed use of any alternative assessment tool(s) or assumption(s) have to be justified by the Applicant, with supporting documents based on cogent, scientific and objectively derived reason(s) before seeking the Director’s agreement. The supporting documents shall be provided in the EIA report.

3.6.4 Summary of Alternative Options and Mitigation Measures

The EIA report shall contain a summary of alternative development options and mitigation measures considered during the course of the EIA study, including but not limited to the alternative siting and alignment options, size, design, construction methods and sequence of construction works with a view to avoiding or minimizing adverse environmental impacts. A comparison of the environmental benefits and dis-benefits of applying different development options, and/or mitigation measures shall be made.

3.6.5 Documentation of Public Concerns

The EIA report shall contain a summary of the main concerns of the general public, special interest groups and the relevant statutory or advisory bodies received and

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identified by the Applicant during the course of the EIA study, and describe how the relevant concerns have been taken into account.

4. DURATION OF VALIDITY

4.1 The Applicant shall notify the Director of the commencement of the EIA study. If the EIA study does not commence within 36 months after the date of issue of this EIA study brief, the Applicant shall apply to the Director for a fresh EIA study brief before commencement of the EIA study.

5. REPORTING REQUIREMENTS

5.1 In preparing the EIA report, the Applicant shall refer to Annex 11 of the TM for the contents of an EIA report. The Applicant shall also refer to Annex 20 of the TM, which stipulates the guidelines for the review of an EIA report. When submitting the EIA report to the Director, the Applicant shall provide a summary, pointing out where in the EIA report the respective requirements of this EIA study brief and the TM (in particular Annexes 11 and 20) have been addressed and fulfilled.

5.2 The Applicant shall supply the Director with hard and electronic copies of the EIA report and the executive summary in accordance with the requirements given in Appendix I of this EIA study brief. The Applicant shall, upon request, make additional copies of the above documents available to the public, subject to payment by the interested parties of full costs of printing.

6. OTHER PROCEDURAL REQUIREMENTS

6.1 If there is any change in the name of Applicant for this EIA study brief during the course of the EIA study, the Applicant must notify the Director immediately.

6.2 If there is any key change in the scope of the Project mentioned in section 1.2 of this EIA study brief and in Project Profile (No. PP-554/2017), the Applicant must seek confirmation from the Director in writing on whether or not the scope of issues covered by this EIA study brief can still cover the key changes, and the additional issues, if any, that the EIA study must also address. If the changes to the Project fundamentally alter the key scope of the EIA study brief, the Applicant shall apply to the Director for a fresh EIA study brief.

7. LIST OF APPENDICES

7.1 This EIA study brief includes the following appendices:

Appendix A - Project Location Plan Appendix B - Requirements for Noise Impact Assessment Appendix C - Requirements for Water Quality Impact Assessment Appendix D - Requirements for Assessment of Waste Management Implications Appendix E - Requirements for Ecological Impact Assessment Appendix F - Requirements for Fisheries Impact Assessment Appendix G - Requirements for Landscape and Visual Impact Assessment Appendix H - Implementation Schedule Appendix I - Requirements for EIA Report Documents

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--- END OF EIA STUDY BRIEF ---

August 2017 Environmental Assessment Division, Environmental Protection Department

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EIA Study Brief No. :

環評研究概要編號 : Project Title: Mai Po Nature Reserve Infrastructure Upgrade Project This figure is prepared based on Figure 1-2 of Project Profile (No.: PP-554/2017)

工程項目名稱：米埔自然保護區設施改善計劃本圖是根據工程項目簡介（編號： PP-554/2017）圖1-2編制 Appendix A: Project Location Plan

附錄A: 工程項目位置圖

ESB-301/2017

建築工程車輛的暫定路線: 現存已鋪設道路

沿著現有塘壆的臨時通道(未被鋪設)

新 1E號觀鳥塔

現有1號觀鳥塔

米埔

教育中心新 2號觀鳥塔

項目範圍邊界


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Appendix B

Requirements for Noise Impact Assessment

The noise impact assessment shall include the following:

1. Description of the Noise Environment

1.1 The Applicant shall describe the prevailing noise environment in the EIA report.

1.2 The Applicant shall conduct prevailing background noise surveys to determine the standards for evaluating noise impact from fixed noise source. The respective noise environment should be documented in the EIA report.

1.3 The Applicant shall consider and compare the noise environment with respect to the benefits and dis-benefits of various scenarios with or without the Project.

2. Construction Noise Impact Assessment

2.1 Construction Noise Impact Assessment Methodology

2.1.1 The Applicant shall carry out construction noise impact assessment (excluding percussive piling) of the Project during daytime, i.e. 7am to 7pm, on weekdays other than general holidays in accordance with methodology in paragraphs 5.3 and 5.4 of Annex 13 of the TM.

2.2 Identification of Construction Noise Impact

2.2.1 Identification of Assessment Area and Noise Sensitive Receivers (NSRs)

(a) The Applicant shall propose the assessment area for agreement of the Director before commencing the assessment. The assessment area for the construction noise impact assessment shall generally include areas within 300 metres from the boundary of the Project and the works of the Project.

(b) The Applicant shall identify all existing NSRs in the assessment area and select assessment points to represent identified NSRs for carrying out quantitative construction noise impact assessment described below.

(c) The assessment points shall be confirmed with the Director prior to the commencement of the quantitative construction noise impact assessment and may be varied subject to the best and latest information available during the course of the EIA study.

(d) A map showing the location and description such as name of building, use, and floor of each and every selected assessment point shall be given. Photographs of existing NSRs shall be appended to the EIA report.

2.2.2 Inventory of Noise Sources

The Applicant shall identify and quantify an inventory of noise sources for representative construction equipment for the purpose of construction noise impact assessment.

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2.3 Prediction and Evaluation of Construction Noise Impact

2.3.1 Phases of Construction

The Applicant shall identify representative phases of construction that would have noticeable varying construction noise emissions at existing NSRs at the assessment area for agreement of the Director before commencing the construction noise impact assessment.

2.3.2 Scenarios

The Applicant shall quantitatively assess the construction noise impact, with respect to criteria set in Annex 5 of the TM, of unmitigated scenario and mitigated scenario at different phases of construction of the Project.

2.3.3 Prediction of Noise Impact

(a) The Applicant shall present the predicted noise levels in Leq (30 min) dB(A) at the selected assessment points at various representative floor levels (in m P.D.) on tables and plans of suitable scale.

(b) The assessment shall cover the cumulative construction noise impact resulting from the construction works of the Project and other concurrent projects identified during the course of the EIA study on existing NSRs within the assessment area.

(c) The potential construction noise impact under different phases of construction shall be quantified by estimating the total number of dwellings, classrooms and other noise sensitive receivers that will be exposed to noise impact exceeding the criteria set in Annex 5 in the TM.

(d) The Applicant shall, as far as practicable, formulate a reasonable construction programme so that no work will be required in restricted hours as defined under the Noise Control Ordinance (NCO). In case the Applicant needs to evaluate whether construction works in restricted hours as defined under the NCO are feasible or not in the context of programming construction works, reference should be made to relevant technical memoranda issued under the NCO. Regardless of the results of construction noise impact assessment for restricted hours, the Noise Control Authority will process Construction Noise Permit (CNP) application, if necessary, based on the NCO, the relevant technical memoranda issued under the NCO, and the contemporary conditions/situations. This aspect should be explicitly stated in the noise chapter and the conclusions and recommendations chapter in EIA report.

2.4 Mitigation of Construction Noise Impact

2.4.1 Direct Mitigation Measures

Where the predicted construction noise impact exceeds the criteria set in Table 1B of Annex 5 of the TM, the Applicant shall consider and evaluate direct mitigation measures including but not limited to, movable barriers, enclosures, quieter alternative methods, re-scheduling, restricting hours of operation of noisy tasks, etc. The feasibility, practicability, programming and effectiveness of the recommended mitigation measures shall be assessed. Any direct mitigation measures recommended should be well documented in the report. Specific reasons for not adopting certain direct mitigation measures to reduce the noise to a level meeting the criteria in the TM or to maximize the protection for the NSRs as far as possible should be

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2.5


clearly substantiated and documented in the EIA report.

Evaluation of Residual Construction Noise Impact

Upon exhaust of direct mitigation measures, if the mitigated noise impact still exceeds the relevant criteria in Annex 5 of the TM, the Applicant shall identify, predict, evaluate the residual construction noise impact in accordance with section 4.4.3 of the TM and estimate the total number of existing dwellings, classrooms and other noise sensitive elements that will be exposed to residual noise impact exceeding the criteria set in Annex 5 in the TM.

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Appendix C

Requirements for Water Quality Impact Assessment

1. The Applicant shall identify and analyse physical, chemical and biological disruptions of the water system(s) arising from the construction and operation of the Project.

2. The Applicant shall address water quality impacts due to the construction phase and operational phase of the Project. Essentially, the assessment shall address the following :

(i) Collect and review background information on affected existing and planned water system(s), their respective catchments and sensitive receivers which might be affected by the Project;

(ii) Characterize water quality of the water system(s) and sensitive receivers, which might be affected by the Project based on existing best available information or through appropriate site survey and tests;

(iii) Identify and analyse relevant existing and planned future activities, beneficial uses and water sensitive receivers related to the affected water system(s). The Applicant should refer to, inter alia, those developments and uses earmarked on the relevant Outline Zoning Plans, Development Permission Area Plans, Outline Development Plans and Layout Plans, and any other relevant published landuse plans;

(iv) Identify pertinent water quality objectives and establish other appropriate water quality criteria or standards for the water system(s) and the sensitive receivers identified in sub-sections (i), (ii) & (iii) above;

(v) Review the specific construction methods and configurations, and operation of the Project to identify and assess the likely water quality impacts arising from the Project;

(vi) Identify any alternation of any water courses, natural streams, ponds, change of water holding/flow regimes, change of catchment types or areas, erosion or sedimentation due to the Project and any other hydrological changes in the assessment area;

(vii) Identify and quantify existing and likely future water pollution sources, including point discharges and non-point sources to surface water runoff, sewage from workforce and polluted discharge generated from the Project;

(viii) Provide an emission inventory on the quantities and characteristics of these existing and future pollution sources in the assessment area. Field investigation and laboratory test, shall be conducted as appropriate to fill relevant information gaps;

(ix) Assess the impacts on the water system(s) and their sensitive receivers due to the alternations, changes and the pollution sources identified above. Possible impacts include change in hydrology, flow regime, water quality and release of contaminants (including fuel, oil and other chemicals) and land decontamination works, etc. The assessment shall take into account and include possible different construction and operation stages of the Project;

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(x) Assess the cumulative impacts due to other concurrent and planned projects, activities or pollution sources within the assessment area that may have a bearing on the environmental acceptability of the Project;

(xi) Analyze the provision and adequacy of existing and planned future facilities to reduce pollution arising from the point and non-point sources identified in sub-section (vii) above;

(xii) Develop effective infrastructure upgrading or provision, contingency plan, water pollution prevention and mitigation measures to be implemented during the construction and operation stages so as to reduce the water quality impacts to within standards in considering the stress condition in Deep Bay catchment. Measures shall be identified to prevent and minimize the water quality impact of chemical spillage due to the Project. Requirements to be incorporated in the project contract document shall also be proposed;

(xiii) Investigate and develop best management practices to reduce storm water and non-point source pollution as appropriate; and

(xiv) Evaluate residual impacts on water system(s) and the sensitive receivers with regard to the appropriate water quality objectives, criteria, standards or guidelines. If the mitigated water quality impact still exceeds the relevant criteria in Annex 6 of the TM, the Applicant shall evaluate the residual water quality impact in accordance with section 4.4.3 of the TM and estimate the significance of the residual impact to the water system(s) and the water sensitive receivers.

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Appendix D

Requirements for Assessment of Waste Management Implication

The assessment of waste management implication shall cover the followings:

1. Analysis of Activities and Waste Generation

(i) The Applicant shall identify the quantity, quality and timing of the waste arising as a result of the construction and operation activities of the Project, based on the sequence and duration of these activities, e.g. any dredged/excavated sediment/mud, construction and demolition materials, floating refuse and other wastes which would be generated during construction and/or operation stage.

(ii) The Applicant shall adopt appropriate design, general layout, construction methods and programme to minimize the generation of public fill/inert construction and demolition (C&D) materials and maximize the use of public fill/inert C&D materials for other construction works.

2. Proposal for Waste Management

(i) Prior to considering the disposal options for various types of wastes, opportunities for reducing waste generation, on-site or off-site re-use and recycling shall be fully evaluated. Measures that can be taken in planning and design stages e.g. by modifying the design approach and in the construction stage for maximizing waste reduction shall be separately considered.

(ii) After considering the opportunities for reducing waste generation and maximizing re-use, the types and quantities of the wastes required to be disposed of as a consequence shall be estimated and the disposal methods/options for each type of wastes shall be described in detail. The disposal methods/options recommended for each type of wastes shall take into account the result of the assessment in sub-section (iv) below.

(iii) The EIA report shall also state clearly the transportation routings and the frequency of the trucks/vessels involved, any barging point or conveyor system to be used, the stockpiling areas and the disposal outlets for the waste identified.

(iv) The impact caused by handling (including stockpiling, labelling, packaging and storage), collection, transportation and re-use/disposal of wastes shall be addressed in detail and appropriate mitigation measures shall be proposed. This assessment shall cover the following areas: - potential hazard; - air and odour emissions; - noise; - wastewater discharge; - ecology; and - public transport.

3. Excavation/Dredging and Dumping

(i) The Applicant shall identify and estimate dredging/excavation, dredged/excavated sediment/mud transportation and disposal activities and requirements. Potential dumping ground to be involved shall also be identified. Appropriate field

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investigation, sampling and chemical and biological laboratory tests to characterise the sediment/mud concerned shall be conducted. The ranges of parameters to be analysed; the number, type and methods of sampling; sample preservation; chemical and biological laboratory test methods to be used shall be agreed with the Director (with reference to section 4.4.2(c) of the TM) prior to the commencement of the tests and document in the EIA report for consideration. The categories of sediment/mud which are to be disposed of in accordance with the Dumping at Sea Ordinance (DASO) shall be identified by both chemical and biological tests and their quantities shall be estimated. If the presence of contamination of sediment/mud which requires special treatment/disposal is confirmed, the Applicant shall identify the appropriate treatment and/or disposal arrangement and demonstrate its viability in consultation with relevant authorities.

(ii) The Applicant shall identify and evaluate the practicable dredging/excavation methods to minimise dredging/excavation and dumping requirements based on the criterion that existing sediment/mud shall be left in place and not to be disturbed as far as possible.

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Appendix E

Requirements for Ecological Impact Assessment

The ecological impact assessment shall cover both terrestrial and aquatic ecology and shall include the following:

1. The Applicant shall examine the flora, fauna and other components of the ecological habitats within the assessment area. The aim shall be to protect, maintain or rehabilitate the natural environment. In particular, the Project shall avoid as far as possible impacts on recognized sites of conservation importance and other ecological sensitive areas. The assessment shall identify and quantify as far as possible the potential ecological impacts associated with the Project, both directly by loss of wetland habitat as well as indirectly by potential impacts such as human disturbance and changes of water quality and hydrodynamic regime to the natural environment and the associated wildlife groups and habitats/species.

2. The assessment shall include the following major tasks:

(i) review the findings of relevant studies/surveys and collate the available information regarding the ecological characters of the assessment area;

(ii) evaluate the information collected, identify any information gap relating to the assessment of potential ecological impacts to terrestrial and aquatic environment, and determine the ecological field surveys and investigations that are needed for a comprehensive assessment as required under the following sections;

(iii) carry out any necessary ecological field surveys with a duration of a least 12 months covering both wet and dry seasons, and investigations to verify the information collected, fill in the information gaps as identified under sub-section (ii) above, if any, and to fulfil the objectives of the EIA study. The field surveys shall cover flora, fauna and any other habitats/species of conservation importance, and shall include surveys for intertidal/benthic communities;

(iv) establish the ecological profile of the assessment area based on information collected in the tasks mentioned in sub-sections (i) to (iii) above, and describe the characteristics of each habitat found; the data set should be comprehensive and representative covering the variations of the wet and dry seasons, and is up to date and valid for the purpose of this assessment. Major information to be provided shall include:

(a) description of the physical environment, including all recognized sites of conservation importance and assessment of whether these sites will be affected by the Project or not;

(b) habitat maps of suitable scale (1:1000 to 1:5000) showing the types and locations of habitats and species of conservation interest in the assessment area;

(c) ecological characteristics of each habitat type such as size, vegetation type, species present, dominant species found, species richness and abundance of major taxa groups, community structure, seasonal patterns, ecological value, inter-dependence of the habitats and species, and presence of any features of ecological importance;

(d) representative colour photos of each habitat type and any important ecological features identified; and

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(e) species found that are rare, endangered and/or listed under local legislation, international conventions for conservation of wildlife/habitats or Red Data Books.

(v) investigate and describe the existing wildlife uses of various habitats with special attention to those wildlife groups and habitats with conservation interest, including but not limited to the following: (a) wetlands including fish ponds, freshwater ponds, gei wais, reedbeds,

mangroves, mudflats and marshes; (b) roosting, breeding and/or feeding sites of resident and migratory birds in

particular waterbirds and wetland-dependent species, including roosting area of Black-faced Spoonbill and Great Cormorant;

(c) breeding egrets and herons at egretries in and around Mai Po Nature Reserve; (d) intertidal/benthic communities; (e) mammals, in particular Eurasian Otter; (f) odonates, in particular Four-spot Midget; (g) fireflies in particular Bent-winged Firefly; (h) other wildlife, including but not limited to herpetofauna, butterflies, fishes and

invertebrates; and (i) any other habitats/species identified as having special conservation interest by

this EIA study.

(vi) describe recognized site of conservation importance in the assessment area, in particular the Mai Po Inner Deep Bay Ramsar Site, Mai Po Marshes SSSI, Mai Po Nature Reserve, Wetland Conservation Area and Wetland Buffer Area, and assess whether these site will be affected by the Project or not.

(vii) using suitable methodology, and considering also any works activities from other projects reasonably likely to occur at the time, identify and quantify as far as possible any direct (e.g. loss of habitats), indirect (e.g. changes in water qualities, hydrology, light, noise and other disturbance generated by the construction and operational activities, etc.), on-site, off-site, primary, secondary and cumulative ecological impacts on the wildlife groups and habitats identified such as destruction of habitats, potential diversion or modification of stream courses, disturbance to wildlife, reduction of species abundance/diversity, loss of feeding and breeding grounds, reduction of ecological carrying capacity and habitat fragmentation, in particular the following: (a) loss of habitats of conservation interest, in particular wetlands such as fish

ponds and gei wais, on temporary and permanent basis, due to the construction and operation of the Project;

(b) noise, glare, dust, traffic and other human disturbance to wildlife in particular waterbirds and wetland-dependent species during the construction and operation stages of the Project such as increase in visitors;

(c) impacts due to potential changes in water quality, hydrodynamics properties and hydrology on fishponds, gei wais and other wetland habitats during the construction and operation stages of the Project; and

(d) cumulative impacts due to other planned and committed concurrent development projects at or near the Project area.

(viii) evaluate ecological impact based on the best and latest information available during the course of the EIA study, using quantitative approach as far as practicable and covering construction and operational phases of the Project as well as the subsequent management and maintenance requirement of the Project;

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(ix) recommend possible alternatives, such as modification of layout, design and/or construction methods, and practicable mitigation measures (such as restriction of works at specified season, adoption of appropriate construction methods and programme, provision of buffer areas, etc.) to avoid, minimize and/or compensate for the adverse ecological impacts identified during construction and operation of the Project;

(x) evaluate feasibility and effectiveness of the recommended mitigation measures and define the scope, type, location, implementation arrangement, resources requirement, subsequent management and maintenance of such measures;

(xi) determine and quantify as far as possible of the residual ecological impacts after implementation of the proposed mitigation measures;

(xii) evaluate the significance and acceptability of the residual ecological impacts using well-defined criteria in Annex 8 of the TM and determine if off-site mitigation measures are necessary to mitigate the residual impacts and if affirmative, guidelines and requirements laid down in Annex 16 of the TM should be followed; and

(xiii) review the need for and recommend any ecological monitoring programme required.

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Appendix F

Requirements for Fisheries Impact Assessment

1. Existing information regarding the assessment area shall be reviewed. Based on the review results, the assessment shall identify data gap and determine if there is any need for field surveys to collect adequate and updated baseline information. If field surveys are considered necessary, the assessment shall recommend appropriate methodology, duration and timing for such surveys.

2. The fisheries impact assessment shall cover any potential direct, indirect, short-term and long-term impacts on capture and culture fisheries during the construction and operation stages of the Project.

3. The fisheries impact assessment shall provide the following information:-

(i) description of the physical environmental background;

(ii) description and quantification of the existing capture fishing and aquaculture activities, with special attention on fish ponds around Mai Po;

(iii) description and quantification of the existing capture fisheries and aquaculture resources;

(iv) identification of parameters (e.g. water quality parameters) and areas that are important to aquaculture activities;

(v) prediction and evaluation of any other direct/indirect, onsite/offsite impacts on aquaculture activities / resources such as potential loss or disturbance of fish ponds and water quality deterioration caused by the Project;

(vi) evaluation of cumulative impacts on aquaculture due to other planned and committed concurrent development projects at or near the assessment area;

(vii) proposals of practicable mitigation measures with details on justification, description of and programme feasibility as well as staff and financial implications including those related to subsequent management and maintenance requirements of the measures; and

(viii) review for the need of monitoring during the construction and operation stages of the Project and, if necessary, proposal for a monitoring and audit programme.

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Appendix G

Requirements for Landscape and Visual Impact Assessment

1. The Applicant shall review relevant outline development plan(s), outline zoning plan(s), development permission area plan(s), layout plan(s), other published land use plan(s), planning brief(s) and/or studies which may identify areas of high landscape value e.g. wetland, water course, conservation area, woodland areas. Any guidelines on landscape and urban design strategies and frameworks that may affect the appreciation of the Project shall also be reviewed. The aim is to gain an insight to the future outlook of the area affected so as to assess whether the Project can fit into the surrounding setting based on a comparison of the scenarios with and without the Project. Any conflict with the statutory town plan(s) and any published land use plan(s) shall be highlighted and appropriate follow-up action shall be recommended. A system shall be derived for judging the landscape and visual impact significance as required under the Annexes 10 and 18 of the TM and the EIAO Guidance Note No. 8/2010 "Preparation of Landscape and Visual Impact Assessment under the EIAO". Cumulative landscape and visual impacts of the Project with other existing, committed and planned developments in the assessment area shall be assessed.

2. The Applicant shall assess the landscape impact of the Project. The Applicant shall describe, appraise, analyse and evaluate the existing and planned landscape resources and characters of the assessment area. Annotated oblique aerial photographs and plans of suitable scale showing the baseline landscape resources and landscape character areas and mapping of impact assessment shall be extensively used to present the findings of impact assessment. Descriptive text shall provide a concise and reasoned judgment from a landscape point of view. The assessment shall be particularly focused on the sensitivity of the landscape framework and its ability to accommodate change. The Applicant shall identify the degree of compatibility of the Project with the existing and planned landscape setting and scenic spot. The landscape impact assessment shall quantify and qualify potential landscape impact as far as possible, so as to illustrate the significance of such impact arising from the Project. Clear mapping of the landscape impact is required. Broad brush tree and vegetation survey shall be carried out and the impacts on existing trees and vegetation shall be addressed.

3. The Applicant shall assess the visual impact of the Project. Clear illustrations including mapping of visual impact is required. Descriptive text shall provide a concise and reasoned judgment from a visual point of view. Cumulative visual impact of the Project with other existing, committed and planned developments in the assessment area shall be assessed. The assessment shall include the following:

(i) identification and plotting of visual envelope of the Project;

(ii) identification of the key groups of existing and planned sensitive receivers within the visual envelope with regard to views from ground level and elevated vantage points;

(iii) description of the visual compatibility of the Project with the existing and planned visual context, and its obstruction and interference with the key views within the visual envelope;

(iv) identification and description of the severity of visual impact in terms of nature, distance and number of sensitive receivers. The visual impact of the Project with and without mitigation measures shall be included and illustrated so as to demonstrate the effectiveness of the proposed mitigation measures across time; and

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(v) evaluations and explanations with supportive arguments of factors considered in arriving the significance thresholds of visual impact.

4. The Applicant shall evaluate the merits of preservation in totality, in parts or total destruction of existing landscape and the establishment of a new landscape character area. In addition, alternative location, site layout, development options, design and construction methods that would avoid or reduce the identified landscape and visual impacts shall be considered and evaluated for comparison before adopting other mitigation or compensatory measures to alleviate the impacts. The Applicant shall recommend mitigation measures which shall not only focus on damage reduction but also potential enhancement of existing landscape and visual quality of the area. The recommendations shall also be illustrated in landscape design and landscape/visual impact mitigation measure plan.

5. The mitigation measures shall include preservation of vegetation and natural landscape resources (e.g. maintaining buffer for wetland / natural streams, retaining existing trees, transplanting of mature trees), wetland restoration, provision of screen planting, re-vegetation of disturbed land, woodland restoration, compensatory planting using native trees, provisioning/reprovisioning of amenity areas and open spaces, design and layout of structures, provision of finishes to structures, colour scheme and texture of material used and any measures to mitigate the impact on existing and planned land uses and sensitive receivers. Parties shall be identified for the ongoing management and maintenance of the proposed mitigation works to ensure their effectiveness throughout the construction phase and operational phase of the Project. Agreement from relevant authorities responsible for funding, implementation, management and maintenance of proposed mitigation measures have to be obtained before including into the LVIA. A practical programme for the implementation of the recommended measures shall be provided.

6. Annotated illustrations such as coloured perspective drawings, plans and section/elevation diagrams, oblique aerial photographs, photographs taken at vantage points, and computer-generated photomontage shall be adopted to fully illustrate the landscape and visual impacts of the Project to the satisfaction of the Director. The landscape and visual impacts of the Project with and without mitigation measures from representative viewpoints, particularly from views of the most severely affected visually sensitive receivers (i.e. worst-case scenario) to be agreed by the Director, shall be properly illustrated in existing and planned setting at four stages (existing condition, Day 1 with no mitigation measures, Day 1 with mitigation measures and Year 10 with mitigation measures) by computer-generated photomontage so as to demonstrate the comparison of scenarios with and without the Project and the effectiveness of the proposed mitigation measures across time. Computer graphics shall be compatible with Microstation DGN file format. The Applicant shall record the technical details in preparing the illustrations, which may need to be submitted for verification of the accuracy of the illustrations.

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Appendix H

Implementation Schedule of Recommended Mitigation Measures

EIA Ref.

EM&A Ref.

Recommended Mitigation Measures

Objectives of the Measure &

Main Concerns to Address

Who to implement

the measure?

Location of the

measure

When to implement

the measure?

What standards or requirements for the measure

to achieve?

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Appendix I

Requirements for EIA Report Documents

1. The Applicant shall supply the Director with the following number of copies of the EIA report and the executive summary:

(i) 30 copies of the EIA report and 30 copies of the executive summary (each bilingual in both English and Chinese) as required under section 6(2) of the EIAO to be supplied at the time of application for approval of the EIA report.

(ii) When necessary, addendum to the EIA report and the executive summary submitted in item (i) above as required under section 7(1) of the EIAO, to be supplied upon advice by the Director for public inspection.

(iii) 20 copies of the EIA report and 50 copies of the executive summary (each bilingual in both English and Chinese) with or without Addendum as required under section 7(5) of the EIAO, to be supplied upon advice by the Director for consultation with the Advisory Council on the Environment.

2. In addition, to facilitate public inspection of EIA report via EIAO Internet Website, the Applicant shall provide electronic copies of both the EIA report and executive summary prepared in Hyper Text Markup Language (HTML) and in Portable Document Format (PDF), unless otherwise agreed by the Director. For both of the HTML and PDF versions, a content page capable of providing hyperlink to each section and sub-section of the EIA report and executive summary shall be included in the beginning of the document. Hyperlinks to figures, drawings and tables in the EIA report and executive summary shall be provided in the main text from where respective references are made. The EIA report, including drawings, tables, figures and appendices shall be viewable by common web-browsers including Internet Explorer 8, Firefox 23, Chrome and Safari 8 or later versions as agreed by the Director, and support languages including Traditional Chinese, Simplified Chinese and English.

3. The electronic copies of the EIA report and the executive summary shall be submitted to the Director at the time of application for approval of the EIA report.

4. When the EIA report and the executive summary are made available for public inspection under section 7(1) of the EIAO, the content of the electronic copies of the EIA report and the executive summary must be the same as the hard copies and the Director shall be provided with the most updated electronic copies.

5. To promote environmentally friendly and efficient dissemination of information, both hardcopies and electronic copies of future EM&A reports recommended by the EIA study shall be required and their format shall be agreed by the Director.

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